http://JUDIS.NIC.IN

SUPREME COURT OF INDIA

Page 1 of 66

PETITIONER:

SHAH BABULAL KHIMJI

Vs.

RESPONDENT:

JAYABEN D. KANIA AND ANR.

DATE OF JUDGMENT10/08/1981

BENCH:

FAZALALI, SYED MURTAZA

BENCH:

FAZALALI, SYED MURTAZA

VARADARAJAN, A. (J)

SEN, AMARENDRA NATH (J)

CITATION:

1981 AIR 1786 1982 SCR (1) 187

1981 SCC (4) 8 1981 SCALE (3)1169

CITATOR INFO :

RF 1986 SC1272 (10,108,109)

RF 1988 SC 915 (17)

RF 1990 SC 104 (8)

ACT:

Code of Civil Procedure, 1908-Section 104 Order 43 Rule

1-Scope of-Letters Patent-Clause 15-Right of Appeal under

clause 15-If affected by section 104, Order 43 Rule 1.

HEADNOTE:

In a suit for specific performance of an agreement to

sell filed on the original side of the Bombay High Court the

plaintiff (appellant) prayed for certain interim reliefs. A

single Judge of the High Court dismissed the application. A

Division Bench of the High Court, on appeal by the

plaintiff, held that the appeal was not maintainable on the

ground that the impugned order of the single Judge was not a

’judgment’ within the meaning of clause 15 of the Letters

Patent of the High Court.

In a